Compensation for damages from insult or defamation

Compensation for damages in case of insult or defamation

Insult and defamation are crimes directed against the person and the harm to the good name and authority of a person. These types of acts are regulated by Section VII of the The Penal Code, as they constitute a crime of a private nature. This means that any victim can file a complaint in court, without the involvement of the prosecutor's office.

In addition to criminal law protection, victims of this act have the right to file a civil claim for compensation for non-pecuniary damages (negative emotions, stress or depressive states) suffered as a result of the act.

What is an insult?

The insult is a type of action in which someone says or does something humiliating to the honor or dignity of another.

The insult can be inflicted in person or in the absence of a person, with the important point being that it must be perceived – personally or through the assessment of third parties who witnessed the action in question.

Offensive actions can include insults or gestures that undermine your honor and dignity, directed against your good name, authority, or self-esteem. The context in which they are inflicted is also important - they should not be intended as a joke, but clearly aimed at harming your honor and dignity.

The insult may not have been delivered in your presence, but it must be clearly directed at you. Offensive expressions may have been uttered in front of a third party, a group of people, through publications in the media, in a telephone conversation, in a letter or email.

How can I protect myself if I have been the victim of an insult?

Protection can be obtained under criminal and civil law. Under criminal law, protection is achieved by filing a lawsuit with the court. In this proceeding, the victim must prove the fact of the insult, as well as the damages from this act. The penalty is a fine of one thousand to three thousand leva, and the court may also impose a penalty of "public censure".

It is important to note that if the victim retaliated with an insult, the court may exempt both of them from punishment.

The punishment is increased if the insult is:

• committed publicly;
• disseminated through a printed work or other means;
• is addressed to or by an official or representative of the public in or on the occasion of the performance of the office or function.

Under civil law, protection is achieved by filing a civil tort claim, through which compensation is claimed for the material or non-material damages suffered.

Both forms of protection may be combined by joining the civil claim to the criminal proceedings or by conducting both proceedings in parallel.

What is defamation?

Defamation is the disclosure of a disgraceful circumstance or the attribution of a crime to another. The disclosure of such circumstances must have occurred in front of another person, in the absence of the person in question.

The information must be both false and defamatory to qualify as defamation. It is an intentional crime – that is, the person making the defamatory statement must have intended to defame you and spread false information.

How can I protect myself if I am the victim of defamation?

In the case of defamation, you can again defend yourself under criminal and civil law. In a lawsuit for defamation, the plaintiff must prove that the allegations spread about him are not true.

In addition to the possibility of claiming compensation for property and non-property damages under civil law, the punishment that can be imposed on the perpetrator of this private crime is a fine of three to seven thousand leva and/or public censure. Fines for Insult and Defamation are paid to the state budget, not to the victim. If the truth of the disclosed circumstances or the attributed crimes is proven, the perpetrator is not punished. .